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Texas Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law for Texas on

Q: What steps can I take, your newly selected court appointed attorney does not return emails, or calls? A month

Month long problem

Kiele Linroth Pace answered on Jun 28, 2019

What steps can you take? You can't choose your court-appointed attorney. If you want choice you need to hire a private attorney. If think you can't afford it then sell something or ask friends and family for help.

When you rely on a court appointed attorney you are basically playing...
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1 Answer | Asked in Criminal Law for Texas on

Q: If I find a corpse in texas am i legally obligated to report it to the police or can someone else

Kiele Linroth Pace answered on Jun 28, 2019

Is this a homework question? Wait. Nevermind. Don't answer that. I don't want to know.

TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE

Penal Code Sec. 37.09(d)(2) [A person commits an offense if the person] observes a human corpse under circumstances in which a reasonable person...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on

Q: Iam trying to get a criminal sentance modification because she is a witness in the prosicutions behalf on another case

The laywer she will b testifing agaist is the lawyer i hired on her case iam asking for the modifacation how does that work out

Kiele Linroth Pace answered on Jun 28, 2019

You just need to make sure your attorney is aware of the contents of any potential testimony the inmate can provide. If the attorney believes that testimony is essential to the case, the attorney will request that the inmate witness be brought to court to testify at trial. No sentence... Read more »

2 Answers | Asked in Criminal Law for Texas on

Q: What if you thought your spouse grabbed you. And it was a large treadmill in the dark garage. Now your spouse is charged

With assualt with bodily injury. How do you fix this

Kiele Linroth Pace answered on Jun 28, 2019

You've lost control of the situation now that the government is involved. The alleged victim in an assault can (and perhaps should) provide their opinion, but only the prosecutor can dismiss the case at this point. It is quite common for the alleged victim to recant an accusation of assault, and... Read more »

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1 Answer | Asked in Criminal Law and White Collar Crime for Texas on

Q: Can i as a defendant file a motion on my own criminal case, or my attorney only has authorization to do so?

Kiele Linroth Pace answered on Jun 25, 2019

If you don't trust your lawyer, hire a different one. Criminal defense is not a D-I-Y project anymore than you would attempt your own surgery.

2 Answers | Asked in Criminal Law for Texas on

Q: If I got to court for one thing can I be taken to jail for another

I’m going to court tomorrow in a different county and I’m going to settle the case I want to know will I the try to take me to jail from there if I have some traffic tickets in different counties

Kiele Linroth Pace answered on Jun 25, 2019

Maybe if you didn't show up as promised and ended up with an arrest warrant for Failure to Appear.

Call the court where the tickets are pending TODAY and ask if you can get that situation worked out. If you can't pay it outright today they might be willing to recall the warrant if you...
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1 Answer | Asked in Criminal Law for Texas on

Q: What does the term theft 2500/2 more prevs/ convs means

How much jail time can you get from stealing merchandise at Wal-Mart.

Roy Lee Warren answered on Jun 25, 2019

My best educated guess is it refers to theft of at least $2,500, with enhancement by two prior convictions. The Texas Penal Code Section 31.03 lists theft greater than $2,500 as follows:

(e) Except as provided by Subsection (f), an offense under this section is:

(1) a Class C...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Texas on

Q: My wife was convected for 5 yrs evadeing detention w/ vechicle we appealed.it was affirmed how can i aske for house ares

Roy Lee Warren answered on Jun 25, 2019

You must make that request through your attorney but you should not get your hopes up. If the decision has been upheld you're in a tough spot--sorry.

1 Answer | Asked in Criminal Law, Domestic Violence and Juvenile Law for Texas on

Q: Hey if I get in a fight with my girlfriends step dad and I'm 16 will I get charges pressed on me?

He is texting me that "i know where he lives just saying" and "when I think I can take come try"

Robert Allen Thornton answered on Jun 24, 2019

The short answer is, it is possible. You would go to a juvenile court, though. Don't talk to the stepdad and let the dust settle.

1 Answer | Asked in Criminal Law for Texas on

Q: Use of Deadly Force: Is the use of deadly force justified on the basis of stopping the commission Agg Robbery?

An individual with license to carry observes a subject committing agg robbery with a handgun of convenience store. Is use of deadly force justified on the fact of the commission of a agg robbery or must it be argued that it was in defense of third person or self??

Kiele Linroth Pace answered on Jun 22, 2019

Potentially, depending on the exact facts. The rule for defense of a 3rd person is based, in part, on the rule for self defense. Furthermore, the rule for self defense creates a presumption that the deadly force was reasonable in a situation involving aggravated robbery... the presumption is... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on

Q: In the state of Texas how much time can someone get for domestic violence on first charge

Grant St Julian III answered on Jun 22, 2019

There are different degrees of assault, and there are additional consequences if there is a finding of finding of domestic violence. A class c misdemeanor is punishable by fine only. A class a misdemeanor is punishable by confinement in jail for up to one year. A third degree felony is... Read more »

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2 Answers | Asked in Criminal Law, Civil Rights, Communications Law and Federal Crimes for Texas on

Q: Can I sue my neighbors with proff of them using a jamming device on my home security system camera?

Kiele Linroth Pace answered on Jun 20, 2019

Not in Criminal Law. I'm able to provide an answer with regard to the other listed areas of law because my focus is Criminal Law.

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2 Answers | Asked in Criminal Law for Texas on

Q: Can a lawyer get a bond reduction for someone not in jail with a warrant on a bond that has been placed as insufficient?

I was out on 30k bond and got arrested again when i bonded out on that charge the judge pulled my first one as insufficient and putting it at 60k. I am out with a warrant now, wanting to know can an attorney file a motion for bond reduction without me being rearrested.

Gary Kollin answered on Jun 19, 2019

You need an attorney no matter what. Retain one and work on resolving all your issues

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1 Answer | Asked in Criminal Law for Texas on

Q: Is the verbal order of a judge to the prosecutor in a hearing unenforceable? Can the prosecutor ignore it if he chooses?

Roy Lee Warren answered on Jun 19, 2019

I think it would be enforceable, particularly if the DA wants to keep a good relationship with the Judge. Also if a court reporter was in the court the order may be recorded anyway. When a formal proceeding is being held the court reporter is usually typing everything said so you may want to check... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Texas on

Q: What are some examples of prosecutorial misconduct?

Gary Kollin answered on Jun 19, 2019

Google it.

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1 Answer | Asked in Criminal Law for Texas on

Q: Can someone openly carry an assault weapon in Vermont?

I’m referring to an AR-15.

Kiele Linroth Pace answered on Jun 18, 2019

This question was accidentally posted under "Texas" instead of "Vermont."

You'll need an attorney from Vermont to answer this one!

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on

Q: If someone was arrested for domestic violence and charged with a felony, can they still obtain a CHL?

Can they buy guns still and take the test for the CHL and can they be around schools.

Kiele Linroth Pace answered on Jun 18, 2019

Arrested or Convicted? Federal law prohibits anyone convicted of even a misdemeanor crime of domestic violence from EVER being in possession of a firearm or ammunition. Straight probation counts as a conviction.

If the person was arrested for domestic violence and the case is still...
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1 Answer | Asked in Criminal Law for Texas on

Q: What rights do occupants of a home have in the execution of a search and arrest warrant

Grant St Julian III answered on Jun 17, 2019

You have the right to remain silent in any dealing with law enforcement, but more specifics are need to answer such a broad question. Talk with an attorney.

1 Answer | Asked in Criminal Law for Texas on

Q: State of Texas hold your security investigation license due to a felony over 26 years ago not in the state of Texas

You are a resident Texas

Kiele Linroth Pace answered on Jun 16, 2019

This question is filed under criminal defense but you really need to consult with an attorney that practices in an area like Administrative Law and/or Professional Licensing.

1 Answer | Asked in Criminal Law for Texas on

Q: Is there a way I can search a case number to pull up information on a Suite filed against me.

I have the case number, plaintiff name , date filed and the nature of the suit. I do not have the city or county so I am at loss on figuring out what this suit is even about.

Kiele Linroth Pace answered on Jun 14, 2019

If there is a plaintiff then it is a CIVIL case rather than a criminal cases. Criminal cases are always styled State of Texas vs. Defendant Name whereas civil cases are styled Plaintiff Name vs. Defendant Name.

My practice area is CRIMINAL not civil, but I have an idea about how to solve...
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